I wrote to the Ohio Democratic Party trying to find out why they moved to dismiss the case.
A reply arrived this morning.
It said that the sole objective of the suit, which was achieved, was to get a TRO (Temporary Restraining Order?) to aid voters in the two involved counties.
Here's some background:
State Wants Judge To Rule On Its Role In Election
Long Voting Lines Spurred Request
by AP/Ohio.com
March 2, 2005
COLUMBUS, Ohio -- The state has asked a federal judge to determine whether it complied with the law in how it conducted last year's presidential election, saying it needs a precedent for challenges in future elections.
-snip-
The request grew out of a case originally brought by the Ohio Democratic Party against Secretary of State Kenneth Blackwell, a Republican, and two county boards of election on Election Day. The party sought to alleviate long lines at polling places in two counties.
-snip-
After Kerry conceded, the Democrats asked Marbley to dismiss the case. However, the Ohio Attorney General's office, representing Blackwell, is trying to keep it alive so Marbley will rule on its request. The state filed a motion to intervene, asking Marbley to rule that the state and county boards did not violate constitutional guarantees of the right to vote, as claimed by the Democrats.
-snip-
The state countered that Marbley should rule so a judgment will be in place if similar court actions are filed in future elections.
-snip/more-
http://www.ohio.com/mld/beaconjournal/11033738.htm